Usancen Blog
VwGH: Emails That End in Authority’s Spam Are Deemed Delivered
Procedural LawAppeals sent by email that end up in an authority’s spam folder are also considered delivered, the Austrian Administrative Court (Verwaltungsgerichtshof, hereinafter VwGH) has ruled. The legal representative of the complainant submitted appeals again...
OGH on Data Protection at Work
Data Privacy LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has examined whether an employer’s inspection of former employees’ emails is in breach of the General Data Protection Regulation (GDPR). Under Article 4(1) of the GDPR, any informatio...
Used Car Purchase from Dealer Is Safest Choice, says OGH
Civil LawBuying a used car can be a tricky business. Sometimes cars are not offered by the real owner, and the risk of the owner demanding their car back is high. But now the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) is backing those who ...
‘Carbon Neutral’ Flights? AUA under Fire for Greenwashing
Competition LawSustainability is a valuable marketing tool, but it should not be taken too far. Austrian Airlines’ “carbon neutral flights” ads overstepped the bounds, turning greenwashing into unfair competition. In the case at hand, Austrian Airlines (AUA) promot...
ECJ To Clarify Concept of Non-Material Damage under GDPR
European LawThe German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has asked the European Court of Justice (ECJ) to answer questions on the right to an injunction under EU law and the concept of immaterial damage under the GDPR. The plaintiff w...
DE: Sellers Duty to Inform Gets Tougher
Civil LawBuyers must be adequately informed by sellers about the costs of renovating a property. According to the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH), making this information available in a virtual data room only three days be...
OGH: Time Credits Are not Insolvency Claims
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that work time credited to an employee does not constitute an insolvency claim and therefore cannot be reduced by a restructuring plan. The plaintiff had been employed b...
OLG Wien: Single Party in case of GmbH Manager Removal
Procedural LawThe Oberlandesgericht Wien (Higher Regional Court, Vienna, hereinafter OLG Wien) has ruled that, in the case of the dismissal of a shareholder-director of a limited liability company (GmbH), both the director in question and the other shareholders wi...
OGH on Compulsory Inheritance Reductions
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has once again stated that in Austrian inheritance law it is the legal relationship that counts. Both biological and non-blood children are equally entitled to an inheritance and thus...
OGH: Legal-Tech Business Models Set to Advance
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently dealt with a legal- tech business model in which the provider uses an AI tool to analyse the client’s legal problems, filters out a suitable lawyer from its partner lawye...
EU Raw Material Self-Sufficiency on the Horizon
European LawElectric cars, solar panels, and smart phones – they all contain what are known as critical raw materials. However, the European Union is currently unable to source them reliably. Measures are being taken to ensure the long-term, secure supply and so...
OGH: Unlawful Concert Organiser GTCs
Civil LawIn the event of the cancellation of an event due to force majeure, the organiser shall be liable for the refund of the ticket price. Issuing vouchers is only allowed in the event of force majeure. In addition, it is not reasonable to expect consumers...
GER: BGH on GmbH Shareholders’ Statutory Voting Ban
Corporate LawShareholders of a German limited liability company (GmbH) who together hold all the shares in the company are prohibited from voting on a resolution to initiate legal proceedings against another company. No one may be a judge in his own case, accordi...
GER: No Compensation for Facebook Scraping Victims
Data Privacy LawFollowing the so-called Facebook scraping cases, there will be no compensation for Facebook users under the General Data Protection Regulation (GDPR). According to the Higher Regional Court of Hamm, Germany (hereinafter OLG), although there was a bre...
OGH: Transfer Protection for Remote Workers
Labour LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recognised that a worsening of the transfer situation within the meaning of Section 101 of the Austrian Labour Constitution Act (Arbeitsverfassungsgesetz, ArbVG) can occur even if...
OGH Rules on More Gym Clauses
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has once again had to rule on clauses contained in the general terms and conditions of contracts concluded by fitness studios. The defendant operates several fitness studios and regul...
Can Courts Use EncroChat Data to Convict Criminals?
Constitutional LawThe question of whether courts can use EncroChat data as evidence remains open. The German Federal Constitutional Court (Bundesverfassungsgericht, hereinafter BVerfG) has rejected several constitutional complaints for decision. EncroChat had long bee...
OGH: May a Donee Grandchild Claim Add-Backs?
Civil LawIf an individual who (under Austrian inheritance law) is entitled to a so-called compulsory portion asserts a claim against a donee on the grounds of insufficiency of the estate, the donee who is the subject of the claim does not, in principle, have ...
EU: Fix – Don’t Ditch!
European LawThe EU Commission wants to introduce new consumer rights to make repairs easier and more attractive. The aim is to save resources and reduce waste. Smartphones that have to be replaced because the batteries cannot be changed will soon be a thing of t...
OGH: Shareholders Can Oppose Deletions from Commercial Register
Corporate LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently granted shareholders party status in proceedings concerning the official deletion of a public limited company (GmbH) from the commercial register. As a result, they now h...
OGH: Training Costs Cannot Be Passed on to Trainee
Labour LawAn agreement to pass on training costs to the trainee is inadmissible both in apprenticeships as well as in training relationships. It makes no difference whether such an agreement is made at the beginning or only during a training relationship. The ...
Austrian Civil Procedure Amendment 2023
Procedural LawThe Austrian National Council has passed the Civil Procedure Amendment 2023 (ZVN 2023). Video hearings had been introduced temporarily during the Corona pandemic and proved to be very successful. Lawyers and judges have since requested that this form...
GER: When Are Private Chats Confidential?
Labour LawStrongly insulting, racist, or sexist remarks made by an employee to their superior or other fellow employees in a private chat group can be grounds for dismissing the employee without notice. It is only in exceptional cases that an employee can rely...
Lead Rulings by the German Federal Court of Justice
Procedural LawMass tort litigation, such as the diesel scandal, is putting a strain on Germany’s civil courts. The German government has now passed a bill introducing a ‘lead-ruling procedure’ at the Federal Supreme Court (Bundesgerichtshof, hereinafter BGH) level...
OGH: Entrepreneurs Lose Right to Rely on Unlawful GTCs
Corporate LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) examined the European Court of Justice’s (ECJ) interpretation of the EEC Directive on Unfair Terms in Consumer Contracts. The case concerned an unjustified rescis...
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